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O-282-C · . CITY OF CLERMONT CODE ORDINANCE 282-C AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FWRIDA, ENTITLED "IMPACT FEES"; PROVIDING A STATEMENT OF PURPOSE; REQUIRING THE PAYMENT OF IMPACT FEES; PROVIDING DEFINITIONS; ESTABLISHING A FEE SCHEDULE; PROVIDING FOR SPECIAL STUDIFS; PROVIDING FOR PAYMENT PROCEDURES; PROVIDING FOR CREDITS; PROVIDING FOR RESTRICTIONS ON USE OF FUNDS; ESTABLISHING IMPACT FEE RESTRICTED ACCOUNTS AND ANNUAL AUDIT THEREOF; PROVIDING FOR REFUNDS; PROVIDING FOR LmERAL CONSTRUCTION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, HEREBY ORDAINS THAT: WHEREAS, anticipated new development in the City of Clermont requires an increase in parks and recreational facilities, in police protection facilities, in fire protection facilities, and in the use of water and wastewater treatment facilities to accommodate the needs of residents in new development; and WHEREAS, the City of Clermont has determined that new development shall contribute its fair share of the capital costs of providing new park and recreation facilities, police protection facilities, fire protection facilities and water and wastewater treatment facilities; and WHEREAS, the City of Clermont has determined that impact fees are an equitable and appropriate means to finance the capital costs of providing land and facilities to meet the needs of new growth; and WHEREAS, this Ordinance is intended to be consistent with the principles of allocating a fair share of the cost of necessary public facilities to users as established by the Florida Supreme Court in the case of Contractors and Builders Association of Pinellas County v. City of Dunedin, 329 So.2d 314 (Florida 1976); and WHEREAS, impact fees will assist in implementing the City of Clermont Comprehensive Plan ("Comprehensive Plan"). NOW, THEREFORE, be it ordained by the City Council of the City of Clermont as follows: . . CITY OF CLERMONT CODE ORDINANCE No. 282-C Page -2- SECTION 1. The Code of Ordinances of the City of Clermont is hereby amended by adding a new Chapter 27 which reads as follows: Chapter 27. IMPACT FEES SECTION 2. Purpose. These regulations are adopted for the purpose of promoting the health, safety and general welfare of the residents of the City of Clermont by: (a) Requiring new development to pay its proportionate fair share of the capital costs necessary to accommodate new development impacts on parks and recreation, police protection, fire protection and water and wastewater treatment. (b) Implementing the Comprehensive Plan to help ensure that adequate parks and recreation facilities, police protection, fire protection and water and wastewater treatment facilities are available in a timely and well planned manner. SECTION 3. Impact Fee Required. Each person who shall apply for a city zoning clearance or building permit shall pay impact fees in the manner and in the amount set forth in this Chapter. Such fees shall be collected and used by the City only in such manner as set forth in this Chapter. SECTION 4. Definitions. (a) "Capital Improvements" include land acquisition, site development, equipment or other facilities used to provide parks and recreation facilities, police protection, fue protection, and water and wastewater treatment facilities. (b) "Capital Costs" include planning, engineering, acquisition and construction costs of capital improvements, including debt service costs on bonded facilities, but not including routine maintenance costs or operational costs. (c) "City Manager" shall include the City Manager or his designee. . . CITY OF CLERMONT CODE ORDINANCE No. 282-C Page -3- (d) A "Feepayer" is a person required under this Ordinance to pay the impact fee. (e) "Person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity, and shall include all public entities. (1) "New Development" means any construction that creates one or more units, as provided in the schedule herein of land use. For purposes of this Chapter, the term excludes a replacement of or addition to any existing unit if no net new units are created. (g) "Water System West" is all users served by systems utilizing 4th Street Well, Seminole Well, and Grand Highway Well. (h) "Water System East" is all areas served by systems utilizing Hancock Well and East Wells #1 and #2. (i) "Sewer System West" is all users served by systems utilizing the Carroll Street waste water treatment facility. (j) "Sewer System East" is all users served by systems utilizing the Hancock waste water treatment facility. (k) "All Adult Community" shall be defined as a community meeting allloca1, state, and federal requirements for all-adult status, and having been approved by the City Council of the City of Clermont as an all-adult development. Specific use studies may be required after time of qualification and if such studies indicate a use greater than two-thirds of the use of non- qualified users within the City, the all-adult status may be revoked. ~ECTION S. Impact Fee Schedule. (a) The amount of the impact fee due will be determined by the following fee schedule. The fees shown on the schedule are based on the factors explained in the "Technical Report on Impact Fee Calculations for Parks and Recreation, Police Protection, Fire Protection, and Water and Wastewater Treatment" available from the City of Clermont City Clerk. . Table 1. Recreational Impact Fees HOUSING TYPE Sinale Family 0-1 Bedroom 2 Bedrooms 3 Bedrooms 4 Bedrooms 5 + Bedrooms LAND USE CATEGORY Multi-Family 0-1 Bedroom 2 Bedrooms 3 Bedrooms 4 Bedrooms 5 + Bedrooms Mobile Homes 0-1 Bedroom 2 Bedrooms 3 Bedrooms 4+ Bedrooms CITY OF CLERMONT CODE ORDINANCE No. 282-C Page -4- SCHEDULE UNIT OF MEASUREMENT D.U. D.U. D.U. D.U. D.U. UNIT OF MEASUREMENT D.U. D.U. D.U. D.U. D.U. D.U. D.U. D.U. D.U. Table 2. Police Protection Impact Fee Residential Single Family Multi-Family D.U. D.U. . IMPACT FEES $240.00 $278.00 $397.00 $508.00 $607.00 IMPACT IEES. $233.00 $371.00 $554.00 $708.00 $607.00 $142.00 $222.00 $386.00 $562.00 $ 37.00 $ 27.00 . . CITY OF CLERMONT CODE ORDINANCE No. 282-C Page -5- Non Residential General Retail 1,000 SF $119.00 Service Stations 1,000 SF $297.00 Eating & Drinking 1,000 SF $406.00 Office 1,000 SF $114.00 Financial/Insurance 1,000 SF $168.00 Hotel/Motel 1,000 SF $ 33.00 Motor Vehicle Sales 1,000 SF $ 68.00 Industria1 1,000 SF $ 10.00 Warehousing 1,000 SF $ 25.00 Table 3. F"1I'e Protection Impact Fee UNIT OF IMPACT LAND USE CATEGORY MEASUREMENT FEES Residential Single Family D.U. $ 45.00 Multi-Family D.U. $ 61.00 Non Residential General Retail 1,000 SF $105.00 Service Stations 1,000 SF $307.00 Eating & Drinking 1,000 SF $287.00 Office/Financial/Banking 1,000 SF $ 85.00 Homes for the Aged 1,000 SF $ 89.00 Hotel/Motel 1,000 SF $ 87.00 Motor Vehicle Sales 1,000 SF $100.00 Industrial/MfglWarehouse 1,000 SF $ 37.00 Warehousing 1,000 SF $ 25.00 ·' . CITY OF CLERMONT CODE ORDINANCE No. 282-C Page -6- Table 4. Water Impact Fee Water Impact Fee = Cost I x ERU2 ~: Water System West Water System East 1995 = 1996 = $ 314 $ 315 $864 $864 2Equivalent Residential Unit ŒRU) conversions are in Table 6. Table 5. Wastewater Impact Fee Wastewater Impact Fee = Cose x ERlf ICOSt: Sewer System West Sewer System East 1995 = 1996 = $1,301 $1,304 $2,374 $2,374 2Equivalent Residential Unit ŒRU) conversions are in Table 6. Table 6. Equivalent Residential Units (ERU) RESIDENTIAL: Equivalent Residential Units (ERU) (a) Single or multiple family per dwelling unit except qualified all-adult communities 1 bedroom and 600 square ft. or less heated or cooled area 0.33 2 bedrooms and 601 - 1,000 sq. ft. heated or cooled area 0.67 (b) (c) . CITY OF CLERMONT CODE ORDINANCE No. 282-C Page -7- 3 bedrooms and 1,001 - 2,000 sq. ft. heated or cooled area 4 or more bedrooms and 2,000 - 3,000 sq. ft. heated or cooled area Other per occupant Qualified all-adult community Up to 3 bedrooms 4 or more bedrooms COMMERCIAL: Airports, bus terminals, train stations, port and docking facilities (a) (b) Per passenger Add per employee per eight hour shift Barber and beauty shops per chair Bowling alleys toilet wastes only per lane Country Clubs (a) Per resident (b) Per member (c) Per employee per eight hour shift . 1.00 1.33 .17 .67 1.00 Equivalent Residential Units (ERU) 0.01 0.04 0.22 0.22 0.22 0.06 0.04 . CITY OF CLERMONT CODE ORDINANCE No. 282-C Page -8- COMMERCIAL CONTINUED: Dentists' Offices (a) Per wet chair (b) Per non-wet chair Doctors' Offices per doctor Factories, exclusive of industrial wastes, gallons per employee per eight hour shift (a) No showers provided (b) Showers provided Food Service operations (a) (b) (c) (d) (e) Restaurants operating less than 16 hours per day per seat Restaurant operating 16 hours or more per day per seat Restaurant using single service articles only per seat Bar and cocktail lounge per seat Drive-in restaurant per car space (t) Carry out only (1) (2) Per 100 square feet of floor space Add per employee per eight hour shift . Equivalent Residential Units (ERU) 0.44 0.11 0.56 0.04 0.08 0.11 0.17 0.06 0.07 0.11 0.11 0.04 . CITY OF CLERMONT CODE ORDINANCE No. 282-C Page -9- COMMERCIAL CONTINUED: (g) (h) Institutions per meal Food Outlets excluding deli's, bakery or meat department per 100 square feet of floor space (1) Add for deli per 100 square feet of floor space (2) Add bakery per 100 square feet of floor space (3) Add for meat department per 100 square feet of floor space Hotels and Motels (a) Regular per room (b) Resort hotels, camps, cottages per person (c) Add for establishments with self service laundry facilities per machine Office building per 250 sq. ft. of floor space Service stations per water closet & per urinal Shopping centers without food or laundry (per 1,000 square feet of floor space) Stadiums, race tracks, ball parks per seat Stores per 1,000 square feet of floor space . Equivalent Residential Units ŒRU) 0.01 0.02 0.11 0.11 0.22 0.33 0.17 0.89 0.04 0.56 0.43 0.01 0.43 . CITY OF CLERMONT CODE ORDINANCE No. 282-C Page -10- COMMERCIAL CONTINUED: Swimming and bathing facilities, public per person Theaters (a) Indoor, auditoriums per seat (b) Outdoor, drive-ins per space Mobile Home Park per mobile home space Recreational Vehicle Park (a) Recreational vehicle for overnight stay, w/o and sewer hookup per vehicle space (b) Recreational vehicle for overnight use, with water and sewer hookup per vehicle space Churches per seat Hospitals per bed which does not include kitchen wastewater flows Nursing, rest homes per bed which does not include kitehen wastewater flows Parks, public picnic (a) With toilets only per person (b) With bathhouses, showers and toilets per person Public institutions other than schools and hospitals per person which does not include kitchen wastewater flows . Equivalent Residential Units (ERU) 0.02 0.01 0.02 0.44 0.17 0.22 0.01 0.44 0.22 0.01 0.02 0.22 . . CITY OF CLERMONT CODE ORDINANCE No. 282-C Page -11- Equivalent Residential Units (ERU) COMMERCIAL CONTINUED: Schools per student (a) Day type (b) Add for showers (c) Add for cafeteria (d) Add for day school workers (e) Boarding type 0.03 0.01 0.01 0.03 0.17 Work/construction camps, semi-permanent per worker 0.11 Note: Where the number of bedrooms indicated on the floor plan and the corresponding heated or cooled area of a dwelling unit in the table do not coincide, the criteria which will reflect in the greatest estimated ERU shall apply. Sources: State of Florida, Department of Health and Rehabilitative Services, 1990. Reynolds, Smith and Hills, Inc., 1991. (b) If a development approval is requested for a development with mixed unit types, then the fee shall be computed by calculating number of units of each type and multiplying the results by the appropriate fees on the schedule. (c) When a question arises about which types on the schedule shall apply to the development, the City Manager shall determine which comparable land use type shall apply, or if there is no comparable and use, that a special study is required. (d) The schedule shall be reviewed periodically and revised as necessary to reflect new data and technical information that substantially affect the calculation of the proportionate fair share of capital costs represented by the schedule. . . CITY OF CLERMONT CODE ORDINANCE No. 282-C Page -12- SECTION 6. Special Study Option. (a) A special study may be used to compute any impact fee: (1) At the option of the feepayer, or (2) If the City Manager determines that the location, intensity or unusual nature of the use indicates that impacts on parks and recreation, police protection, fire protection or water and wastewater treatment facilities will be substantially higher than those assumed in the fee schedule, or (3) If the use is not on the schedule and the City Manager determines that a special study is required. (b) The feepayer shall be responsible for the preparation of the special study, which shall follow standard methodologies and a format approved by the City Manager. The City Manager shall accept, reject or modify the fee calculated by the special study and notify the feepayer in writing of his determination. (c) Any determination made by the City Manager under this section may be appealed to the City Council. The Council shall review the determination a regular meeting of the Council and shall provide an opportunity for the feepayer and the City Manager to address the Council. The City Council shall make its decision on the fee due under this section based on the following criteria: (1) The fee represents a proportionate fair share of the costs of providing capital improvements whose need is created by new development; (2) The calculation of the fee is based on appropriate methodologies for calculating the proportionate fair share considering any appropriate local factors, and (3) The decision is compatible with and furthers the Comprehensive Plan. SECTION 7. Payment. The feepayer shall pay the impact fee to the City in an office to be designated by the City Manager, which office shall record receipt of the fee in the official public record of the City . . CITY OF CLERMONT CODE ORDINANCE No. 282-C Page -13- and, upon full payment of the fee, shall issue to the feepayer a certified copy of such record of receipt, which may be used by the feepayer as evidence of payment. SECTION 8. Credits. (a) Any conveyance of land or construction received and accepted by the City Council from a feepayer shall be credited against the applicable impact fee due if the conveyance or construction meets the same needs as the impact fee and is consistent with the Comprehensive Plan. (b) If the feepayer wishes to receive credit against the amount of the impact fee due for such conveyance or construction, the feepayer shall enter into a fee agreement with the City Council. The fee agreement shall provide for establishment of credits and payment of the fee in a specified manner and time. (c) The value of land conveyed or facilities constructed by a feepayer and accepted by the City for purposes of the Chapter shall be determined by an appraisal based on the fair market value of the land or facilities as established by the City. Any land awarded credit under this Chapter shall be conveyed in fee simple no later than the time at which the impact fee is required to be paid. (d) The portion of the impact fee represented by a credit for construction shall be deemed paid when the construction is completed and accepted by the City for maintenance or when adequate security for the completion of the construction has been provided. Construction shall be in accordance with City of Clermont design standards. SECTION 9. Use of Funds. Impact fees paid under the provisions of this Chapter shall be used by the City exclusively for the purpose of providing capital improvements to meet the demand created by new development. SECTION 10. Restricted Accounts and Annual Audit. (a) The City shall establish a restricted account within a city fund for Recreation Facility Impact Fees into which all park and recreation fees collected under this Chapter shall be paid and from which all disbursements shall be made only in accordance with the purposes of this Chapter. . . CITY OF CLERMONT CODE ORDINANCE No. 282-C Page -14- (b) The City shall establish a restricted account within a city fund for Police Protection Facility Impact Fees into which all police protection fees collected under this Chapter shall be paid and from which all disbursements shall be made only in accordance with the purposes of this Chapter. (c) The City shall establish a restricted account within a city fund for Fire Protection Facility Impact Fees into which all fire protection fees collected under this Chapter shall be paid and from which all disbursements shall be made only in accordance with the purposes of this Chapter. SECTION 11. Refunds. Any funds collected under this Chapter not expended or encumbered by the end of the calendar year immediately following eight (8) years from the date on which the building permit for the development was issued may be returned to the then current property owner upon his application for refund, with interest at the rate of six percent (6%) per annum. SECTION 12. The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of the public health, safety, welfare and convenience. SECTION 13. All ordinances or parts of ordinances of the City of Clermont in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 14. The provisions of this Ordinance are severable, and if any section, sentence, clause or phrase hereof is for any reason held to be unconstitutional, invalid or ineffective, such holding shall not effect the validity of the remaining portions of this Ordinance, it being expressly declared to be the City Council's intent that it would have passed the valid portions of this Ordinance without the inclusion therein of any invalid portion or portions. . J . CITY OF CLERMONT CODE ORDINANCE No. 282-C Page -15- ~ECTION 15. This Ordinance shall be published as provided by law and it shall become law and take effect immediately upon its second reading and final passage. First Reading this 14th day of March, 1995. Second Reading this 11th day of April, 1995. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, THIS lit/.. DAY OF APRIL, 1995. CITY OF CLERMONT ê,1~-z Attest: ~E.~k